Woods v. Peckich

344 A.2d 828, 463 Pa. 274, 1975 Pa. LEXIS 989
CourtSupreme Court of Pennsylvania
DecidedOctober 3, 1975
Docket8
StatusPublished
Cited by9 cases

This text of 344 A.2d 828 (Woods v. Peckich) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woods v. Peckich, 344 A.2d 828, 463 Pa. 274, 1975 Pa. LEXIS 989 (Pa. 1975).

Opinion

OPINION OF THE COURT

MANDERINO, Justice.

The appellants, Raymond Radakovich and Alan Frank, were found guilty of contempt of court for the alleged violation of an order of the trial court of Beaver County. Although the proceedings leading up to the entry of the contempt order are quite lengthy and complex — involving various civil and criminal cases in two counties — we will confine ourselves to an outline of that portion of the dispute necessary to decide the instant appeal.

The contempt order against the appellants arose out of an equity proceeding filed by John Robert Woods and Anthony J. Pivirotto. Their complaint alleged that they *277 were in partnership with defendants, Gerald Peckich and Arthur Silverman, who had entered into an agreement to purchase certain industrial acreage in Beaver County from defendant A. M. Byers Company (Byers), a subsidiary of defendant, The General Tire and Rubber Company. Plaintiffs also alleged that defendants Peckich and Silverman had assigned their rights under the purchase agreement to an unknown third party who was to salvage certain materials located on the property, develop some of the property, and deliver title to approximately ninety acres of the property to defendants Peckich and Silverman. Additionally, plaintiffs joined as defendants various other parties whom they alleged were planning to participate in either the purchasing, leasing, or financing of portions of the industrial acreage. These additional defendants included Beaver County Industrial Development Authority who plaintiffs alleged was planning to purchase a portion of the industrial acreage, Levinson Steel Company, who would eventually use that portion of the acreage; and Mellon Bank, who would be involved in the financing. Plaintiffs sought an injunction against all defendants essentially requesting that all contemplated transactions be stopped, that the sales agreement for the industrial acreage be rescinded, and that the court order a new agreement which would include the plaintiffs.

The equity action was filed and indexed as a lis pen-dens against the industrial acreage. Defendants Peckich and Silverman filed an answer. Defendant Levinson Steel Company filed a motion requesting that the action be dismissed as to certain defendants. This motion was granted as to all defendants except the parties to the original sales agreement, Peckich, Silverman, Byers, and Byers’ parent company, The General Tire and Rubber Company.

Defendant Levinson Steel Company also moved, as did Peckich and Silverman, to strike the lis pendens. A *278 hearing was held following which the trial court, with the consent of all parties, entered this order:

“AND NOW, April 22, 1974, it is ordered, adjudged and decreed as follows:
That the Prothonotary is directed to strike the indexing of the instant action as lis pendens against the real estate of A. M. Byers Company situate in Harmony Township; and
That as to approximately 50 acres of said real estate, there being no evidence that said 50 acres is involved in this action in any way, the striking shall be permanent; and
That as to the approximately 30 acres which is to be leased to Levinson Steel Company, the striking of lis pendens is to be permanent. Said 30 acres is bounded, more or less, as follows: On the East, by Duss Avenue; on the North by a line extending from Duss Avenue, parallel to and approximately 75 feet from the stream which runs beneath the Legionville Bridge; on the West, by property of the Penn Central Railroad and extending to a roadway; and on the South, by a line parallel to and 10 feet from the southerly side of Building 15. And, said premises shall include a portion of the railroad tracks known as Track No. 1 and the connection leading to the main line; and a right-of-way or easement across said roadway along the westerly side of the herein described tract.
That, as to the remaining approximate 90 acres, lis pendens shall be suspended solely for the purpose of permitting the necessary conveyances, leases or agreements to ultimately vest an interest in same in defendants, Peckich and Silverman; and
That defendants, Peckich and Silverman, are hereby ordered to proceed and do all in their power to have the other necessary parties proceed toward the goal of *279 vesting an interest in said 90 acres in said defendants at the earliest feasible time.”

On April 25, 1974, Byers conveyed the industrial acreage to the J. J. Gumberg Company acting as nominee of the assignee of the purchase agreement (who had previously been described as unknown in plaintiffs’ complaint). The unknown assignee turned out to be a foreign corporation not registered to do business in Pennsylvania, called Weiscorp, Inc., apparently controlled by Leonard Weisman, a nonresident of Pennsylvania. At this closing on April 25, 1974, a dispute arose concerning the legal fee which appellants herein were to receive for their representation of defendants Peckich and Silver-man. The record is not clear whether the legal fee was due and owing from both Peckich and Silverman or only one of them. That question, however, is not relevant.

The following day, Gumberg, at the direction of Weiscorp, Inc., executed and delivered a deed to Peckich and Silverman conveying the parcel which Peckich and Silverman were to receive in accordance with the last paragraph of the court’s order of April 22,1974.

As a result of the dispute over legal fees, appellants, who had participated in the framing of the above quoted court order of April 22, 1974, filed an action in Allegheny County against Leonard Weisman and Weiscorp, Inc., the out-of-state resident and out-of-state corporation, alleging tortious interference with advantageous contractual relations that existed between the appellants and Peckich and Silverman. In that suit, appellants also named as garnishees various parties who allegedly were indebted, or would be indebted, in some way to Weiscorp, Inc., or to Leonard Weisman for property received, or to be received, as a result of the transactions involving the industrial acreage in Beaver County. In their Allegheny County action appellants also issued writs of foreign debtors attachment naming the various garnishees.

*280 Subsequently, Peckich and Silverman filed a petition in Beaver County requesting that the appellants be cited for contempt of court. Peckich and Silverman contended that by issuing the writs of foreign attachment in their Allegheny County law suit, appellants violated the Beaver County order of April 22, 1974. A hearing was held, following which the trial court stated in its “Conclusions of Law” that appellants were guilty of “tortious abuse of process,” “malicious use of process,” “knowingly, -wilfully and deliberately, with malice aforethought, interfering] with . . . compliance with [the court order of April 22, 1974],” and “civil conspiracy,” and entered a decree on July 2, 1974 adjudging the appellants herein guilty of contempt of court. That order was amended on July 8, 1974.

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Cite This Page — Counsel Stack

Bluebook (online)
344 A.2d 828, 463 Pa. 274, 1975 Pa. LEXIS 989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-peckich-pa-1975.